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B.Vijaya Sai vs Liyakath R1 In W.P.No.14353/2004
2025 Latest Caselaw 7740 Mad

Citation : 2025 Latest Caselaw 7740 Mad
Judgement Date : 10 October, 2025

Madras High Court

B.Vijaya Sai vs Liyakath R1 In W.P.No.14353/2004 on 10 October, 2025

                                                                                                       1




                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED: 10-10-2025

                                                         CORAM

                       THE HONOURABLE MR.JUSTICE V. LAKSHMINARAYANAN

                                          WP No. 14353 to 14355 of 2004
                                                      and
                                         W.M.P.Nos.16975 to 16977 of 2004



                1. B.Vijaya Sai


                                                                                       Petitioner(s)

                                                              Vs

                Liyakath                                        R1 in W.P.No.14353/2004

                Basheer Ahemd                                   R1 in W.P.No.14354/2004

                Noushad                                         R1 in W.P.No.14355/2004




                2.Karnataka State Transport
                Authority
                Multi Storie Building Vidhan Veedhi
                Bangalore

                3.State Transport Authority
                Chepauk, Chennai


https://www.mhc.tn.gov.in/judis              ( Uploaded on: 24/10/2025 05:43:26 pm )
                                                                                                           2




                                                                                           Respondent(s)


                PRAYER IN W.P.No.14353 of 2004

                      Writ of certiorari calling for the records of the second respondent
                pertaining to the order made in Sl.No.185/SUB.No.75/2000 dated 16.12.2003
                granting the permit in favour of the 1st respondent to ply on the route Bellur to
                Gollahalli Cross and quash the same, so far as it relates to the overlapping on
                the Area approved scheme in respect of Revenue District of Dharmapuri
                approved under G.O.Ms.No.1529 Home (Transport III) Department, dated
                17.11.1999.

                PRAYER IN W.P.No.14354 of 2004

                      Writ of certiorari calling for the records of the second respondent
                pertaining to the order made in Sl.No.187/SUB.No.78/2000 dated 16.12.2003
                granting the permit in favour of the 1st respondent to ply on the route Bangalore
                to Ballur and quash the same, so far as it relates to the overlapping on the Area
                approved scheme in respect of Revenue District of Dharmapuri approved under
                G.O.Ms.No.1529 Home (Transport III) Department, dated 17.11.1999.

                PRAYER IN W.P.No.14355 of 2004

                      Writ of certiorari calling for the records of the second respondent
                pertaining to the order made in Sl.No.186/SUB.No.77/2000 dated 16.12.2003
                granting the permit in favour of the 1st respondent to ply on the route Gollahalli
                Cross to Bellur and quash the same, so far as it relates to the overlapping on the
                Area approved scheme in respect of Revenue District of Dharmapuri approved
                under G.O.Ms.No.1529 Home (Transport III) Department, dated 17.11.1999.


                                  For Petitioner(s):       M/s M.Palani
                                                           S.Anwar Nizath



https://www.mhc.tn.gov.in/judis                  ( Uploaded on: 24/10/2025 05:43:26 pm )
                                                                                                  3



                                  For R1:               Mr.Hariharan

                                  For R3                Ms.C.Meera Arumugam, AGP

                                                 COMMON ORDER

Heard Mr.M.Palani, learned counsel for the petitioner and Mrs.C.Meera

Arumugam, learned Additional Government Pleader for the third respondent

and Mr.Hariharan, learned counsel for the first respondent.

2. The issue raised in these writ petitions are covered by a judgment of

this court in W.P.No.22332 of 2002 dated 5.11.2004.

2. Mr.Hariharan, learned counsel, who was requested by this court to take

notice on behalf of the private respondents, as the erstwhile counsel who was

his colleague, had passed away, states that Karanataka High Court has taken a

different view from the one taken by the Madras High Court in Karnataka

State Road Transport Corp. vs. State of Karnataka (AIR 1992 Kar 385).

3. When it comes to the law of precedents, I am bound by the judgment of

a learned Single Judge of this Court, unless I express any disagreement on law

and refer the matter to a larger Bench. When there is a precedent covering the

issue, I am bound to follow the said judgment, rather than the judgment of

https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/10/2025 05:43:26 pm )

Karnataka High Court, be it one passed by a learned Single Judge, or a Division

Bench or a Full Bench. That being the position, following the judgment of

Hon'ble Mr.Justice K.P.Sivasubramanian in W.P.No22332 of 2002 dated

5.11.2004, all the above writ petitions are allowed. No costs. The connected

miscellaneous petitions are closed.

10-10-2025

ssk.

Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No

To

1.Karnataka State Transport Authority Multi Storie Building Vidhan Veedhi Bangalore

2.State Transport Authority Chepauk Chennai

https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/10/2025 05:43:26 pm )

V.LAKSHMINARAYANAN J.

ssk.

WP No. 14353 to 14355 of 2004

10-10-2025

https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/10/2025 05:43:26 pm )

 
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